Maas Civil Pty Limited

ABN: 68 135 556 811

20L Sheraton Road, Dubbo, NSW 2830
[email protected]
(02) 5852 1890
www.maasgroup.com.au

CREDIT APPLICATION FORM

To Be Completed By Applicants - Please complete all sections and read the Terms and Conditions of Trade overleaf or attached.
Customer’s Details:  Individual  Sole Trader  Trust  Partnership  Company  Other:

Full or Legal Company Name: ABN:

Trading Name: ACN:

Physical Address: State: Postcode:

Billing Address: State: Postcode:
Email Address: Phone No:
Alternative Email Address: Fax No:

DIRECTORS: (if more than two, please attach a separate sheet)

Full Name: D.O.B.
Private Address: State: Postcode:
Driver’s Licence No: Phone No: Mobile No:

Full Name: D.O.B.

Private Address: State: Postcode:
Driver’s Licence No: Phone No: Mobile No:

Date Business / Company Established: (Current Owners) Credit Limit Required: $

Nature of Business: Paid Up Capital: Estimated Monthly Purchases: $
Principal Place of Business is: Rented Owned

CONTACT DETAILS
Accounts Email Address:
Accounts Contact: Phone No: Mobile No:
Bank and Branch: Account No:

Account Terms: 30 Days from EOM of invoice Other:

Trade References: (Please provide companies that are willing to do trade references)
Name Address Phone / Fax / Email:
1.
2.
3.

I certify that the above information is true and correct and that I am authorised to make this application for credit. I have read and understand the
TERMS AND CONDITIONS OF TRADE (overleaf or attached and at our website) of Maas Group Holdings Pty Ltd which form part of, and are
intended to be read in conjunction with this Credit Account Application and agree to be bound by these conditions. I authorise the use of
my personal information as detailed in the Privacy Act clause therein.

SIGNED (CUSTOMER): ______________________________________ SIGNED (SELLER): __________________________________________

Name: _____________________________________________________ Name:______________________________________________________
Position: __________________________________________________ Position: ____________________________________________________
Date: _____________________________________________________ Date: _______________________________________________________

CREDIT LIMIT APPROVED BY DATA INPUTTED DATE

ACC / Ref No $ / /

Collection Consultancy Australia - Credit Management Specialists

© Copyright 2013 - 2020
 Maas Group Holdings Pty Ltd ABN 84 632 994 542:
TERMS AND CONDITIONS OF TRADE
1. Definitions (b) the Seller (or the Seller’s nominated carrier) delivers the Goods to the (iii) correct a defect in a statement referred to in clause 7.3(a)(i) or
1.1 “Seller” means Maas Group Holdings Pty Ltd, ABN 84 632 994 542, its Customer’s nominated address even if the Customer is not present 7.3(a)(ii);
successors, subsidiaries and assignees or any person acting on behalf at the address. (b) indemnify, and upon demand reimburse, the Seller for all expenses
of and with the authority of Maas Group Holdings Pty Ltd. 4.2 At the Seller’s sole discretion, the cost of delivery is in addition to the incurred in registering a financing statement or financing change
1.2 “Customer” means the person/s or any person acting on behalf of and Price. statement on the Personal Property Securities Register established
with the authority of the Customer requesting the Seller to provide the 4.3 The Seller may deliver the Goods in separate installments. Each by the PPSA or releasing any Goods charged thereby;
Services as specified in any proposal, quotation, order, invoice or other separate installment shall be invoiced and paid in accordance with the (c) not register a financing change statement in respect of a security
documentation, and: provisions in these terms and conditions. interest without the prior written consent of the Seller;
(a) if there is more than one Customer, is a reference to each Customer 4.4 Any time specified by the Seller for delivery of the Goods is an (d) not register, or permit to be registered, a financing statement or a
jointly and severally; and estimate only and the Seller will not be liable for any loss or damage financing change statement in relation to the Goods and/or collateral
(b) if the Customer is a part of a Trust, shall be bound in their capacity incurred by the Customer as a result of delivery being late. However, (account) in favour of a third party without the prior written consent of
as a trustee; and both parties agree that they shall make every attempt to enable the the Seller;
(c) includes the Customer’s executors, administrators, successors and Goods to be delivered at the time and place as was arranged between (e) immediately advise the Seller of any material change in its business
permitted assigns. both parties. In the event that the Seller is unable to supply the Goods practices of selling the Goods which would result in a change in the
1.3 "Confidential Information” means information of a confidential nature as agreed solely due to any action or inaction of the Customer, then nature of proceeds derived from such sales.
whether oral, written or in electronic form including, but not limited to, this the Seller shall be entitled to charge a reasonable fee for redelivery 7.4 The Seller and the Customer agree that sections 96, 115 and 125
Contract, either party’s intellectual property, operational information, and/or storage. of the PPSA do not apply to the security agreement created by these
know-how, trade secrets, financial and commercial affairs, contracts, terms and conditions.
client information (including but not limited to, “Personal Information” 5. Risk 7.5 The Customer waives their rights to receive notices under sections
such as: name, address, D.O.B, occupation, driver’s license details, 5.1 Risk of damage to or loss of the Goods passes to the Customer on 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
electronic contact (email, Facebook or Twitter details), medical Delivery and the Customer must insure the Goods on or before Delivery. 7.6 The Customer waives their rights as a grantor and/or a debtor under
insurance details or next of kin and other contact information (where 5.2 If any of the Goods are damaged or destroyed following delivery but prior sections 142 and 143 of the PPSA.
applicable), previous credit applications, credit history) and pricing to ownership passing to the Customer, the Seller is entitled to receive all 8.7 Unless otherwise agreed to in writing by the Seller, the Customer
details. insurance proceeds payable for the Goods. The production of these waives their right to receive a verification statement in accordance
1.4 “Goods” means all Goods or Services supplied by the Seller to the terms and conditions by the Seller is sufficient evidence of the Seller’s with section 157 of the PPSA.
Customer at the Customer’s request from time to time (where the context rights to receive the insurance proceeds without the need for any person 7.8 The Customer must unconditionally ratify any actions taken by the
so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for dealing with the Seller to make further enquiries. Seller under clauses 7.3 to 7.5.
the other). 5.3 Where the Seller is required to install the Goods the Customer warrants 7.9 Subject to any express provisions to the contrary (including those
1.5 “Price” means the Price payable (plus any GST where applicable) for the that the structure of the premises or equipment in or upon which these contained in this clause 8) nothing in these terms and conditions is
Goods as agreed between the Seller and the Customer in accordance Goods are to be installed or erected is sound and will sustain the intended to have the effect of contracting out of any of the provisions of
with clause 5 below. installation and work incidental thereto and the Seller shall not be liable for the PPSA.
1.6 “GST” means Goods and Services Tax (GST) as defined within the “A any claims, demands, losses, damages, costs and expenses howsoever
New Tax System (Goods and Services Tax) Act 1999”. caused or arising in connection with the installation and work incidental 8. Collateral & Assignment
thereto. 8.1 The Customer hereby charges all its right, title and interest in the
2. Acceptance 5.4 The Seller shall be entitled to rely on the accuracy of any plans, property or properties referred to in the Customer’s Credit Application
2.1 The Customer is taken to have exclusively accepted and is immediately specifications and other information provided by the Customer. The and also any property or properties that it owns currently or may
bound, jointly and severally, by these terms and conditions if the Customer acknowledges and agrees that in the event that any of this acquire in the future solely or jointly or have or become to have a
Customer places an order for or accepts delivery of the Goods. information provided by the Customer is inaccurate, the Seller accepts beneficial interest in, in favour of the Seller, with the due and punctual
2.2 These terms and conditions may only be amended with the consent of no responsibility for any loss, damages, or costs however resulting from observance and performance of all the obligations of the Customer.
both parties in writing, and shall prevail to the extent of any inconsistency these inaccurate plans, specifications or other information. The Customer indemnifies the Seller against all expenses and legal
with any other document or contract between the Customer and the 5.5 Where the Customer has supplied materials for the Seller to complete costs (on a solicitor/own client basis) for preparing, lodging and
Seller. the Services, the Customer acknowledges that he accepts responsibility removing any caveat.
2.3 Any advice, recommendation, information, assistance or service for the suitability of purpose, quality and any faults inherent in the 8.2 The Customer hereby acknowledges that the Seller may at its
provided by the Seller in relation to Goods and Services supplied is given materials. the Seller shall not be responsible for any defects in the discretion register and lodge a caveat(s) on such property or properties
in good faith, is based on the Seller’s own knowledge and experience Services, any loss or damage to the materials (or any part thereof), in respect of the interests conferred on it under clause 8.1. Such
and shall be accepted without liability on the part of the Seller and it shall howsoever arising from the use of materials supplied by the Customer. registration of a caveat by the Seller over the Customer’s property or
be the responsibility of the Customer to confirm the accuracy and properties must not be challenged by the Customer in any way
reliability of the same in light of the use to which the Customer makes or 6. Title whatsoever, and the Customer agrees not to take any steps in filing a
intends to make of the Goods or Services 6.1 The Seller and the Customer agree that ownership of the Goods shall “lapsing notice” via the Land Titles Office to have the caveat removed,
2.4 The Customer acknowledges that the supply of Goods on credit shall not not pass until: until such time that the Customer has paid all monies owing by it to the
take effect until the Customer has completed a credit application with the (a) the Customer has paid the Seller all amounts owing to the Seller; and Seller as claimed from time to time.
Seller and it has been approved with a credit limit established for the (b) the Customer has met all of its other obligations to the Seller.
account. 6.2 Receipt by the Seller of any form of payment other than cash shall not 9. Defects, Warranties and Returns, Competition and Consumer Act
2.5 In the event that the supply of Goods request exceeds the Customers be deemed to be payment until that form of payment has been honoured, 2010 (CCA)
credit limit and/or the account exceeds the payment terms, the Seller cleared or recognised. 9.1 The Customer must inspect the Goods on delivery and must within seven
reserves the right to refuse delivery. 6.3 It is further agreed that, until ownership of the Goods passes to the Customer (7) days of delivery notify the Seller in writing of any evident
2.6 The Customer acknowledges and accepts that the supply of Goods for in accordance with clause 6.1 defect/damage, shortage in quantity, or failure to comply with the
accepted orders may be subject to availability and if, for any reason, (a) the Customer is only a bailee of the Goods and must return the Goods description or quote. The Customer must notify any other alleged defect
Goods are not or cease to be available, the Seller reserves the right to to the Seller on request. in the Goods as soon as reasonably possible after any such defect
vary the Price with alternative Goods as per clause 3.2. (b) the Customer holds the benefit of the Customer’s insurance of the becomes evident. Upon such notification the Customer must allow the
2.7 Electronic signatures shall be deemed to be accepted by either party Goods on trust for the Seller and must pay to the Seller the proceeds Seller to inspect the Goods.
providing that the parties have complied with Section 14 of the Electronic of any insurance in the event of the Goods being lost, damaged or 9.2 Under applicable State, Territory and Commonwealth Law (including,
Transactions (New South Wales) Act 2001 or any other applicable destroyed. without limitation the CCA), certain statutory implied guarantees and
provisions of that Act or any Regulations referred to in that Act. (c) the Customer must not sell, dispose, or otherwise part with warranties (including, without limitation the statutory guarantees under
possession of the Goods other than in the ordinary course of the CCA) may be implied into these terms and conditions (Non-
3. Price and Payment business and for market value. If the Customer sells, disposes or Excluded Guarantees).
3.1 At the Seller’s sole discretion the Price shall be either: parts with possession of the Goods then the Customer must hold the 9.3 The Seller acknowledges that nothing in these terms and conditions
(a) as indicated on invoices provided by the Seller to the Customer in proceeds of any such act on trust for the Seller and must pay or purports to modify or exclude the Non-Excluded Guarantees.
respect of Services supplied; or deliver the proceeds to the Seller on demand. 9.4 If the Customer is a consumer within the meaning of the CCA, the
(b) the Seller’s quoted Price (subject to clause 3.2) which shall be binding (d) the Customer should not convert or process the Goods or intermix Seller’s liability is limited to the extent permitted by section 64A of
upon the Seller provided that the Customer shall accept the Seller’s them with other goods but if the Customer does so then the Customer Schedule 2.
quotation in writing within sixty (60) days. holds the resulting product on trust for the benefit of the Seller and 9.5 If the Seller is required to replace the Goods under this clause or
3.2 The Seller reserves the right to change the Price in the event of a variation must sell, dispose of or return the resulting product to the Seller as it the CCA, but is unable to do so, the Seller may refund any money
to the Seller’s quotation. Any variation from the plan of scheduled works or so directs. the Customer has paid for the Goods.
specifications (including, but not limited to, any variation as a result of (e) the Customer irrevocably authorises the Seller to enter any premises 9.6 Subject to this clause 9, returns will only be accepted provided that:
difficulties accessing the delivery site or as a result of increases to the where the Seller believes the Goods are kept and recover possession (a) the Customer has complied with the provisions of clause 9.1; and
Seller in the cost of materials and labour) will be charged for on the basis of the Goods. (b) the Seller has agreed that the Goods are defective; and
of the Seller’s quotation and will be shown as variations on the invoice. (f) the Seller may recover possession of any Goods in transit whether or (c) the Goods are returned within a reasonable time at the Customer’s
Payment for all variations must be made in full at their time of completion. not delivery has occurred. cost (if that cost is not significant); and
3.3 At the Seller’s sole discretion (g) the Customer shall not charge or grant an encumbrance over the (d) the Goods are returned in as close a condition to that in which they
(a) payment shall be due on delivery of the Services; or Goods nor grant nor otherwise give away any interest in the Goods were delivered as is possible.
(b) payment for approved Customers shall be due thirty (30) days following while they remain the property of the Seller. 9.7 The Seller may in its absolute discretion accept non-defective Goods for
the end of the month of date of delivery and invoice. (h) the Seller may commence proceedings to recover the Price of the return in which case the Seller may require the Customer to pay handling
3.4 Payment for any escort fees shall be due before delivery of the Services. Goods sold notwithstanding that ownership of the Goods has not fees of up to twenty five percent (25%) of the value of the returned Goods
3.5 The Seller may submit detailed progress payment claims in accordance passed to the Customer. plus any freight costs.
with the Seller’s specified payment schedule. Such payment claims may 9.8 Notwithstanding anything contained in this clause if the Seller is required
include the reasonable value of authorised variations and the value of any 7. Personal Property Securities Act 2009 (“PPSA”) by a law to accept a return then the Seller will only accept a return on the
materials delivered to the site but not yet installed. 7.1 In this clause financing statement, financing change statement, security conditions imposed by that law.
3.6 Time for payment for the Services shall be of the essence and will be agreement, and security interest has the meaning given to it by the 9.9 Subject to clause 9.1, customised, or non-stock list items or Incidental
stated on the invoice or any other forms. If no time is stated then payment PPSA. Items made or ordered to the Customer’s specifications are not
shall be due seven (7) days following the date of the invoice. 7.2 Upon assenting to these terms and conditions in writing the Customer acceptable for credit or return.
3.7 Payment will be made by cheque, or by bank cheque, or by credit card, or acknowledges and agrees that these terms and conditions constitute a
by direct credit, or by any other method as agreed to between the security agreement for the purposes of the PPSA and creates a security 10. Intellectual Property
Customer and the Seller. interest in all Goods and/or collateral (account) – being a monetary 10.1 Where the Seller has designed, drawn or developed Goods for the
3.8 GST and other taxes and duties that may be applicable shall be added to obligation of the Customer to the Seller for Services – that have Customer, then the copyright in any designs and drawings and
the Price except when they are expressly included in the Price. previously been supplied and that will be supplied in the future by the documents shall remain the property of the Seller. Under no
3.9 Receipt by the Seller of any form of payment other than cash shall not be Seller to the Customer. circumstances may such designs, drawings and documents be used
deemed to be payment until that form of payment has been honoured, 7.3 The Customer undertakes to: without the express written approval of the Seller.
cleared or recognised and until then the Seller’s ownership or rights in (a) promptly sign any further documents and/or provide any further 10.2 The Customer warrants that all designs, specifications or instructions
respect of the Services shall continue information (such information to be complete, accurate and up-to- given to the Seller will not cause the Seller to infringe any patent,
date in all respects) which the Seller may reasonably require to; registered design or trademark in the execution of the Customers order
4. Delivery of Goods (i) register a financing statement or financing change statement in and the Customer agrees to indemnify the Seller against any action taken
4.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that: relation to a security interest on the Personal Property Securities by a third party against the Seller in respect of any such infringement.
(a) the Customer or the Customer’s nominated carrier takes possession Register; 10.3 The Customer agrees that the Seller may (at no cost) use for the
of the Goods at the Seller’s address; or (ii) register any other document required to be registered by the purposes of marketing or entry into any competition, any documents,
PPSA; or

Collection Consultancy Australia - Credit Management Specialists

© Copyright 2013 - 2020
 Maas Group Holdings Pty Ltd ABN 84 632 994 542:
TERMS AND CONDITIONS OF TRADE
designs, drawings or Goods which the Seller has created for the (c) to exchange information with other credit providers as to the status of
Customer. this credit account, where the Customer is in default with other credit 19. General
providers; and/or 19.1 The failure by either party to enforce any provision of these terms and
11. Default and Consequences of Default (d) to assess the creditworthiness of the Customer including the conditions shall not be treated as a waiver of that provision, nor shall it
11.1 If the Customer defaults in payment by the due date of any amount Customer’s repayment history in the preceding two (2) years. affect that party’s right to subsequently enforce that provision. If any
payable to the Seller, then all money which would become payable by 15.4 The Customer consents to the Seller being given a consumer credit provision of these terms and conditions shall be invalid, void, illegal or
the Customer to the Seller at a later date on any account, becomes report to collect overdue payment on commercial credit. unenforceable the validity, existence, legality and enforceability of the
immediately due and payable without the requirement of any notice to 15.5 The Customer agrees that personal credit information provided may be remaining provisions shall not be affected, prejudiced or impaired.
the Customer, and the Seller may, without prejudice to any of its other used and retained by the Seller for the following purposes (and for other 19.2 These terms and conditions and any contract to which they apply shall be
accrued or contingent rights: agreed purposes or required by): governed by the laws of New South Wales, the state in which the Seller
(a) Interest on overdue invoices shall accrue daily from the date when (a) the provision of Goods; and/or has its principal place of business and are subject to the jurisdiction of the
payment becomes due, until the date of payment, at a rate of two and (b) analysing, verifying and/or checking the Customer’s credit, payment courts in Dubbo.
a half percent (2.5%) per calendar month (and at the Seller’s sole and/or status in relation to the provision of Goods; and/or 19.3 Subject to clause 9, the Seller shall be under no liability whatsoever to the
discretion such interest shall compound monthly at such a rate) after (c) processing of any payment instructions, direct debit facilities and/or Customer for any indirect and/or consequential loss and/or expense
as well as before any judgment; credit facilities requested by the Customer; and/or (including loss of profit) suffered by the Customer arising out of a breach
(b) charge the Customer a late payment administration fee equal to 10% (d) enabling the collection of amounts outstanding in relation to the by the Seller of these terms and conditions (alternatively the Seller’s
of the invoice to a maximum of $200 plus GST; Goods. liability shall be limited to damages which under no circumstances shall
(c) charge the customer for, and the Customer must indemnify the Seller 15.6 The Seller may give information about the Customer to a CRB for the exceed the Price of the Goods).
from, all costs and expenses (including without limitation all legal following purposes: 19.4 The Seller may licence and/or assign all or any part of its rights and/or
costs and expenses) incurred by it resulting from the default or in (a) to obtain a consumer credit report; allow the CRB to create or maintain a obligations under this contract without the Customer’s consent.
taking action to enforce compliance with the Agreement or to recover credit information file about the Customer including credit history. 19.5 The Customer cannot licence or assign without the written approval
any goods; 15.7 The information given to the CRB may include: of the Seller.
(d) cease or suspend supply of any further goods or services to the (a) personal information as outlined in 15.2 above; 19.6 The Seller may elect to subcontract out any part of the Services but shall
Customer (b) name of the credit provider and that the Seller is a current credit not be relieved from any liability or obligation under this contract by so
(e) by written notice to the Customer, terminate any uncompleted provider to the Customer; doing. Furthermore, the Customer agrees and understands that they have
contract with the Customer. (c) whether the credit provider is a licensee; no authority to give any instruction to any of the Seller’s subcontractors
11.2 Clauses 11.1(d) and 11.1(e) may also be relied upon, at the Sellers (d) type of consumer credit; without the authority of the Seller.
option: (e) details concerning the Customer’s application for credit or 19.7 The Customer agrees that the Seller may amend these terms and
(a) where the Customer is a natural person and becomes bankrupt or commercial credit (e.g. date of commencement/termination of the conditions by notifying the Customer in writing. These changes shall be
enters into any scheme of arrangement or any assignment or credit account and the amount requested); deemed to take effect from the date on which the Customer accepts such
composition with or for the benefit of his or her creditors or any (f) advice of consumer credit defaults, overdue accounts, loan changes, or otherwise at such time as the Customer makes a further
class of his or her creditors generally; or repayments or outstanding monies which are overdue by more than request for the Seller to provide Goods to the Customer.
(b) where the Customer is a corporation and, it enters into any scheme sixty (60) days and for which written notice for request of payment 19.8 Neither party shall be liable for any default due to any act of God, war,
of arrangement or any assignment or composition with or for the has been made and debt recovery action commenced or alternatively terrorism, strike, lockout, industrial action, fire, flood, storm or other event
benefit of its creditors or any class of its creditors generally, or has a that the Customer no longer has any overdue accounts and the Seller beyond the reasonable control of either party.
liquidator, administrator, receiver or manager or similar functionary has been paid or otherwise discharged and all details surrounding 19.9 Both parties warrant that they have the power to enter into this contract
appointed in respect of its assets, or any action is taken for, or with that discharge (e.g. dates of payments); and have obtained all necessary authorisations to allow them to do so,
the view to, the liquidation (including provisional liquidation), winding (g) information that, in the opinion of the Seller, the Customer has they are not insolvent and that this contract creates binding and valid legal
up or dissolution without winding up of the Customer. committed a serious credit infringement; obligations on them.
(h) advice that the amount of the Customer’s overdue payment is equal
12. Cancellation to or more than one hundred and fifty dollars ($150).
12.1 Without prejudice to any other remedies the Seller may have, if at any time 15.8 The Customer shall have the right to request (by e-mail) from the
the Customer is in breach of any obligation (including those relating to Seller:
payment) under these terms and conditions the Seller may suspend or (a) a copy of the information about the Customer retained by the Seller
terminate the supply of Goods to the Customer. The Seller will not be liable and the right to request that the Seller correct any incorrect
to the Customer for any loss or damage the Customer suffers because the information; and
Seller has exercised its rights under this clause. (b) that the Seller does not disclose any personal information about the
12.2 The Seller may cancel any contract to which these terms and conditions Customer for the purpose of direct marketing.
apply or cancel delivery of Goods at any time before the Goods are 15.9 The Seller will destroy personal information upon the Customer’s request
delivered by giving written notice to the Customer. On giving such notice (by e-mail) or if it is no longer required unless it is required in order to
the Seller shall repay to the Customer any money paid by the Customer fulfill the obligations of this contract or is required to be maintained and/or
for the Goods. The Seller shall not be liable for any loss or damage stored in accordance with the law.
whatsoever arising from such cancellation. 15.10 The Customer can make a privacy complaint by contacting the Seller via
12.3 In the event that the Customer cancels delivery of Goods the Customer e-mail. The Seller will respond to that complaint within seven (7) days of
shall be liable for any and all loss incurred (whether direct or indirect) by receipt and will take all reasonable steps to make a decision as to the
the Seller as a direct result of the cancellation (including, but not limited complaint within thirty (30) days of receipt of the complaint. In the event
to, any loss of profits). that the Customer is not satisfied with the resolution provided, the
12.4 Cancellation of orders for Goods made to the Customer’s specifications, Customer can make a complaint to the Information Commissioner at
or for non-stock list items, will definitely not be accepted once production www.oaic.gov.au.
has commenced, or an order has been placed.
16. Trusts
13. Change In Control 16.1 If the Customer at any time upon or subsequent to entering in to the
13.1 The Customer shall give the supplier not less than fourteen (14) days prior Contract is acting in the capacity of trustee of any trust (“Trust”) then
written notice of any proposed change of ownership of the Customer whether or not Maas Group Holdings Pty Ltd may have notice of the
and/or any other change in the Customer’s details (including but not Trust, the Customer covenants with Maas Group Holdings Pty Ltd as
limited to, changes in the Customer’s name, address, contact phone or, follows:
change of trustees, or business practice). The Customer shall be liable for (a) the Contract extends to all rights of indemnity which the Customer
any loss incurred by the supplier as a result of the Customer’s failure to now or subsequently may have against the Trust and the trust fund;
comply with this clause. (b) the Customer has full and complete power and authority under the
Trust to enter into the Contract and the provisions of the Trust do not
14. Demurrage purport to exclude or take away the right of indemnity of the Customer
14.1 The Customer will be and shall remain responsible to the Seller for all its against the Trust or the trust fund. The Customer will not release the
proper charges incurred for any reason. A charge may be made by the right of indemnity or commit any breach of trust or be a party to any
Seller in respect of any delay in excess of thirty (30) minutes in loading or other action which might prejudice that right of indemnity.
unloading where occurring due to circumstances beyond the Seller’s (c) the Customer will not without consent in writing of Maas Group
control. Such permissible delay period shall commence upon the Seller Holdings Pty Ltd will not unreasonably withhold consent), cause,
reporting for loading or unloading the Freight. Time and labour to load or permit, or suffer to happen any of the following events;
unload Freight shall be at the Customer’s expense. (i) the removal, replacement or retirement of the Customer as trustee
of the Trust;
15. Privacy (ii) any alteration to or variation of the terms of the Trust;
15.1 All emails, documents, images or other recorded information held or (iii) any advancement or distribution of capital of the Trust; or
used by the Seller is Personal Information, as defined and referred to in (iv)any resettlement of the trust property.
clause 14.2, and therefore considered Confidential Information. The
Seller acknowledges its obligation in relation to the handling, use, 17. Service of Notices
disclosure and processing of Personal Information pursuant to the 17.1 Any written notice given under this Contract shall be deemed to have been
Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being given and received:
Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any a) by handing the notice to the other party, in person;
statutory requirements, where relevant in a European Economic Area b) by leaving it at the address of the other party as stated in this Contract;
(“EEA”), under the EU Data Privacy Laws (including the General Data c) by sending it by registered post to the address of the other party as
Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). stated in this Contract;
The Seller acknowledges that in the event it becomes aware of any data d) if sent by facsimile transmission to the fax number of the other party as
breaches and/or disclosure of the Clients Personal Information, held by stated in this Contract (if any), on receipt of confirmation of the
the Seller that may result in serious harm to the Customer, the Seller will transmission;
notify the Customer in accordance with the Act and/or the GDPR. Any e) if sent by email to the other party’s last known email address.
release of such Personal Information must be in accordance with the Act f) Any notice that is posted shall be deemed to have been served, unless
and the GDPR (where relevant) and must be approved by the Customer the contrary is shown, at the time when by the ordinary course of post,
by written consent, unless subject to an operation of law. the notice would have been delivered.
15.2 The Customer agrees for the Seller to obtain from a credit reporting body
(CRB) a credit report containing personal credit information (e.g. name, 18. Building and Construction Industry Security of Payments Act 1999
address, D.O.B, occupation, previous credit applications, credit history) 18.1 At the Sellers sole discretion, if there are any disputes or claims for
about the Customer in relation to credit provided by the Seller. unpaid Goods and/or Services then the provisions of the Building and
15.3 The Customer agrees that the Seller may exchange information about Construction Industry Security of Payments Act 1999 may apply.
the Customer with those credit providers and with related body 18.2 Nothing in this Contract is intended to have the effect of contracting out
corporates for the following purposes: of any provisions of the Building and Construction Industry Security of
(a) to assess an application by the Customer; and/or Payments Act 1999 of New South Wales, except to the extent permitted
(b) to notify other credit providers of a default by the Customer; and/or by the Act where applicable.

Collection Consultancy Australia - Credit Management Specialists

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